One of the reports carried by The Telegraph Metro on how the graffiti brigade harasses people

Calcutta, Oct. 22: The Election Commission has said no poll graffiti or posters will be allowed on walls, even with the house-owner’s permission.

The state’s chief electoral officer, Debashsis Sen, revealed this today citing an order issued early this month.

The Telegraph had carried a series of reports in May-June 2006 against graffiti, highlighting how few would dare refuse permission to a political party for fear of a backlash. The reports were published after chief minister Buddhadeb Bhattacharjee, in one of the first decisions he took after winning the May 2006 polls, junked a 30-year-old law against property defacement.

After the commission’s latest order, only political flags, banners and hoardings can be put up on private buildings, with the owner’s permission. “Wall-writing and posters, which are not easily removable, will not be allowed,’’ Sen said.

Political parties and their candidates will be asked to remove any graffiti or posters and fined if they fail to comply, the poll official said. “It would be punishable by the state or local laws where they are in vogue. Otherwise, the EC will take a decision,’’ added Sen.

Party flags and banners can adorn buses and trucks carrying supporters of election candidates only if the returning officer concerned gives written permission, the poll official said. The cost of such use of private and public vehicles for campaigning would have to be added to the election expenses of the parties and their candidates.

During the last Assembly elections, a strict poll panel had made the government enforce the West Bengal Prevention of Property Defacement Act, 1976. The law banned defacement of all private and public property.

Within months of taking office, Bhattacharjee brought the law to allow wall-writing and posters on private buildings if the owner gave written consent. But many Calcuttans had then pointed out that they would have little option but to yield if a party approached them.

This time, even if Bhattacharjee wants to, he may find it difficult to overrule the EC in a hurry. Home secretary Asok Mohan Chakrabarti said: “Once elections, conducted by the Election Commission, are announced and the model code of conduct comes into play, the state government is bound to follow the EC’s directive. Unless, of course, it is challenged in a court of law and the court gives a ruling to the contrary.”

This means Calcutta Municipal Corporation (second Amendment) Act, or the corresponding panchayat law the Left Front government brought with the Opposition’s tacit support, cannot help the parties. This changed law had made “non-commercial advertisement” or campaign of political parties, mass organisations and independent candidates permissible with “written consent” of the private building owners.

The ban on defacement of property, however, remained in force for government buildings, heritage buildings, educational institutions and hospitals, religious places, public transport and streets if “the flow of pedestrians or traffic” was blocked. Under this act, expected to be notified after Diwali, any violation would be made punishable with maximum six months’ imprisonment and fine of up to Rs 50,000.